At the death of a relative it was stipulated that all her accounts be put into her estate. There was one account that had a name on it and b...

Question

At the death of a relative it was stipulated that all her accounts be put into her estate. There was one account that had a name on it and because the remaining name was the "survivor" they used it for a downpayment for a house. Which will carry more weight, the last wishes of the decedant or the survivorship clause of a bank law?

Answer

Normally a beneficiary designation trumps a bequest in a will and a survivorship clause such as a "Pay on Death" or a joint ownership also trumps a bequest in a will. If in doubt, contact a lawyer and show her/him the will and the account designation to be completely certain.